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Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33, Quezon City WALANG

KITA COMPANY, Plaintiff, - versus BOTTY NGA, Defendant. x ----------------------------------- x ANSWER WITH COUNTERCLAIM AND CROSS-CLAIM DEFENDANT, by counsel, respectfully states that: Admissions/Denials 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically denies the contents insofar as plaintiffs personal circumstances for the reason stated in the Affirmative Defenses below. 2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses below. 3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable belief as to its truth or falseness.. 4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. Civil Case No. 2222 For : Ejectment

Affirmative Defenses 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. 5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question, a copy of which is attached as ANNEX 1. Counterclaim 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to relief arising from the filing of this malicious and baseless suit, as follows: 6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his name and reputation were besmirched by this malicious and baseless suit. 6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he was compelled to secure services of counsel to vindicate his legal rights. Crossclaim 7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANNY LO COH in the event that he is made liable to plaintiff because co-defendant MANNY LO COH

acted as the duly authorized agent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchase price, from defendant.

RELIEFS

WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by 1. dismissing the Complaint, and 2. granting defendants counterclaim by awarding defendant a. One Million Pesos (Php.1,000,000) as Moral Damages, and b. Fifty Thousand Pesos (Php.50,000) as Attorneys Fees. 3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that codefendant MANNY LO COH be made liable to indemnify defendant in the same amount under the Crossclaim. Pasig City, for Quezon City, 13 March 2012.

JURIS PAZ Q. ORTEGA


Counsel for Plaintiff
Roll No. 34161 IBP Lifetime Reg. No. 03344; Albay Chapter PTR No. 7545342; 04.01.12; Pasig City MCLE Compliance No. III-0014688; 28.04.10

Unit 2202-A, West Tektite Tower, PSE Center, Exchange Road, Ortigas Center, Pasig City, Metro Manila, Philippines Tel. No. 365-7076

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, BOTTY NGA, of legal age, do hereby state that: I am the defendant in the case filed by Walang Kita Company for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiff. I HEREBY CERTIFY that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on 13 March 2012.

BOTTY NGA Affiant

SUBSCRIBED AND SWORN TO before me this ___ day of March 2012, at Pasig City. Affiant exhibited to me his Comm. Tax Cert. No. 6986255581, issued on February 14, 2012, at Quezon City

Doc. No. _____ Page No. _____ Book No. _____ Series of 2012